A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On June 4, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

On October 26, 2019, at around 06:39, the Defendant driven a F K7 car from the C Burial Parking Lot in Yasan-si B to the front road of the D Apartment E-dong Parking Lot in the same city, in a state of alcohol of 0.217% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Requests for appraisal;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (previous records and confirmation of a suspect), and copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions on criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of a sentence, the decision of imprisonment [the driver was engaged in a long time driving despite being punished once due to drinking driving, etc., as well as the blood alcohol concentration measurement is 0.217%, which is higher than 0.217% (the blood alcohol concentration was higher than 0.192% even at the time of driving prior to driving).

[Consideration]

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the commission of a crime is recognized and reflected, the fact that there is no other criminal records other than the punishment imposed once on a drunk driver in 2018, and other consideration of the age, character, conduct, etc. of the defendant);

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;